Got H1 approved on 797B, 221G. Can I do H1 transfer?

[jayasyamvs]

I applied for H1B on 2008 and got I 797B, I went for visa stamping and due to further documentation needed, the consular gave me 221G. My employer didnot provide any necessary documents. So I couldn't respond to that. After that I entered US on L2 on 2012, now thats expired too. My wife moved on to H1. So I became H4. My H 1 petition didnot hget picked up during the lot this year. Now can I use my old H1B petition and can I do H1 transfer. Can you please suggest me on next steps so that I can legally continue to work.

[jairichi]

I applied for H1B on 2008 and got I 797B, I went for visa stamping and due to further documentation needed, the consular gave me 221G. My employer didnot provide any necessary documents. So I couldn't respond to that. After that I entered US on L2 on 2012, now thats expired too. My wife moved on to H1. So I became H4. My H 1 petition didnot hget picked up during the lot this year. Now can I use my old H1B petition and can I do H1 transfer. Can you please suggest me on next steps so that I can legally continue to work.

Yes, a cap exempt petition can be filed by a new employer and on approval you can begin working.

[jayasyamvs]

Thank you jairichi. That helps. Since I got 221G previous when i appeared for personal interview, Will it affect in any ways? My current employer with whom I have been working with for past one year is going to file a cap exempt. Will there be any issues?

[jairichi]

Thank you jairichi. That helps. Since I got 221G previous when i appeared for personal interview, Will it affect in any ways? My current employer with whom I have been working with for past one year is going to file a cap exempt. Will there be any issues?

There will not be any issue as long as you and your employer did not violate any immigration law and you have all required documents.